An attorney surrogate is an attorney who assumes certain responsibilities related to your clients, including finding replacement counsel if necessary, if you become unable to continue representing your clients for reasons outlined in the Rules for Admission and Discipline.
The attorney surrogate page on the portal contains a questionnaire that will help you determine your eligibility to name a surrogate. Depending on your answers, there are three possible results to the questionnaire:
- You cannot name a surrogate
- You have the option to name surrogate
- You must name the fiduciary entity in which you practice as your surrogate
Even if you are eligible to name a surrogate, you are NOT required to do so. However, if you choose not to name a surrogate, then a senior judge or other suitable member of the Indiana bar in good standing may be appointed by the court.
If you practice in, but are not an employee of, a fiduciary entity, then you ARE required to name your fiduciary entity where indicated.
The surrogate questionnaire
If you have already named a surrogate and wish to make no changes, you can click "No Changes" to complete this step. If your previously named surrogate can no longer serve in that capacity, and you have not yet found a replacement, you can use the "Remove Surrogate" button. If you have not named a surrogate before--or if you have named a surrogate and you choose the "Change Surrogate" option--you will be presented with a questionnaire to guide you through the process.
Question one asks whether you practice solely as an employee of a law firm, of another attorney, or of an organization not engaged in the practice of law. If you answer "yes," then you cannot name a surrogate, and you can click "Save." If your answer is "no," you will move on to question two.
Question two asks about the nature of your practice. If you practice in a fiduciary entity, such as a law firm, you must name the entity as your surrogate.
If you don't practice in a fiduciary entity, then you may name another attorney as your surrogate by entering that attorney's Indiana bar number. You must first have entered into a written surrogacy agreement with the other attorney and possess a copy of that agreement before you can designate that attorney as your surrogate on the portal. If you don't know your surrogate's attorney number, click "Roll of Attorneys" to look up the number.
After you have filled out the necessary information, click "Continue" to move forward.
Click "Save" to confirm your surrogate.
- Attorney surrogates: Admission and Discipline Rule 23 § 27